What happens when you have been offered a compromise agreement (settlement agreements in NI), but your employer fails to do what’s agreed? 
Broadly, you have two choices:
- Try to enforce the terms of the agreement so they do what they said they would
- Bring a breach of contract claim in the hope of being paid damages
These are the some of the issues to consider:
Is it worth making a claim for enforcement?
Before you decide what to do, you’ll need to determine how important the breach is, and understand the costs of attempting to enforce the agreement.
Note that there might be other ways of achieving your objective other than entering into litigation with your former employer. (We can advise you about that.)
Can you prove the agreement has been breached?
Check your compromise agreement carefully.
You’ll need to provide evidence that your employer has failed to implement one or more clauses of your settlement agreement.
Where should you make the claim?
You’ll need to bring your claim to the relevant forum:
- If your compromise agreement was entered into before you were dismissed, or resulted from your dismissal, the employment tribunal will seek to enforce the agreement for you
- If your settlement agreement was entered into after you were dismissed, you have to take your claim to the civil courts
Who can help you make your claim?
You’ll need to take independent legal advice. We’re specialists in this issue, and happy to help answer any questions you may have.
Further reading
For more information on this subject, you might find our other articles useful:
- How do I get a settlement agreement?
- Should I accept a settlement agreement?
- Settlement agreements: 6 key tips
- What is a settlement agreement?
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